People v McKithen, Lonnie
Motion No: 2018-10792
Slip Opinion No: 2018 NY Slip Op 89565(U)
Decided on November 28, 2018
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M257769

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2018-10792

The People, etc., respondent,

v Lonnie McKithen, appellant.

(Ind. No. 1157/16)

ORDER TO SHOW CAUSE

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, rendered March 19, 2018, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, the appellant is directed either (1) to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal from the judgment was untimely (see CPL 460.30) by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before December 28, 2018, or (2), if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed, on or before December 28, 2018; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause or to make a motion pursuant to CPL 460.30:

Thomas R. Villecco

366 North Broadway, Suite 410

Jericho, NY 11753

and it is further,

ORDERED that the appellant's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order to show cause upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at the appellant's last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

AUSTIN, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court